IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO MISCELLANEOUS FIRST APPEAL No.601/2019 (MV) BETWEEN:
The Manager M/s.Reliance General Insurance Co. Ltd., Office No.1 and 2, 1st Floor Maganur Commercial Complex B D Road, Chitradurga – 577501. Rep. by its Regional Manager Reliance General Insurance Co. Ltd., 5th Floor, #26 Centenary Building M.G. Road, Bangalore-27. .. Appellant (By Sri D Vijayakumar, Advocate) AND:
1. Kumari Namrata D S/o Dinesh K B Aged about 20 year R/o Door No.2000/57 1st Main, 12th Cross Taralabalu Extension Davanagere – 577002.
2. Sri Arun Kumar S S s/o Shashidhar S Aged about 20 years r/o #777/32-2, Saraswathi Nagar `B’ Block, Near K S S College Davanagere – 577 002. (Rider).
3. Sri Gangadhar G s/o Giddappa A R Aged about 39 years R/o No.564/21-85, J Jayanagar,`B’ Block Near Manjunath College Davanagere-577004 (Owner of the Motor Cycle). .. Respondents (Respondents served - unrepresented) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 12.9.2018 passed in MVC No.726/2017 on the file of the II Additional Senior Civil Judge & JMFC, Davanagere, awarding compensation of Rs.1,06,530/- with interest @ 8% p.a. from the date of petition till the date of deposit.
This MFA coming on for admission this day, the Court delivered the following:
JUDGMENT This appeal by the Insurance Company is directed against the judgment and award dated 12.9.2018 passed in MVC No.726/2017 on the file of the II Additional Senior Civil Judge & JMFC, Davanagere, wherein the claim petition came to be allowed in part granting an amount of Rs.1,06,522/- as compensation in respect of the claim petition presented by the claimant.
2. The road traffic accident stated to have been occurred on 7.4.2017 at about 12.00 noon when the claimant after attending the classes by taking her vehicle to Bapuji M.B.A. College, Campus, the rider of motor cycle bearing Regn. No.KA-17/E.L.9718 came in a rash and negligent manner and hit against the claimant, because of which, she suffered injuries on her left leg and taken medical treatment for five days and incurred expenses towards treatment.
3. Insurance Company resisted the petitioner contending that there is a delay of 76 days in reporting the accident and the vehicle was implanted for the purpose of compensation. The learned Member considering the accident and nature of injuries has granted Rs.54,000/- towards loss of future earning capacity by taking the notional income of Rs.5,000/- per month so far as the injuries stated to have been sustained by the claimant. The learned Member has awarded the compensation under different heads as under:
1. Loss of future earning capacity - Rs.54,000.00 2. Pain and sufferings - Rs.40,000.00
Rs.1,06,522.00 4. The learned counsel for the appellant submitted that though the accident occurred on 7.4.2017, complaint came to be lodged on 24.6.2017 and the explanation of the complainant is that she was kept waiting for promise by the respondent-owner that medical expenses would be looked after. It is contended that the 3rd respondent was not possessed driving license at the time of accident. The learned Member has observed that after taking objection, no material was placed by the Insurance Company.
5. The claimant is a student. The learned Member has taken notional income as Rs.5,000/- per month. The compensation that was awarded is Rs.1,06,522/- under different heads. The claimant is a student and she was aged 18 years as on the date of filing of the claim petition. The 1st respondent/claimant is not in appeal for enhancement of compensation. The disability was assessed at 5 to 10% to a particular limb. I do not find that the claimant is liable to be deprived of the compensation. What is granted is Rs.1,06,522/- together with interest at 8% p.a, it can hold good as global compensation for the accident occurred on 7.4.2017. Liability fastened on the Insurance Company by the learned Member of the Tribunal is just and reasonable and it does not call for interference. There is no necessity for proceeding further in this appeal. Hence, the appeal is rejected.
6. The appellant/Insurance Company is hereby directed to deposit the compensation amount within a period of four weeks from the date of receipt of the copy of the order.
The amount deposited, if any, shall be transmitted to the Tribunal forthwith.
Sd/- JUDGE Bkm